Law Commons^™

Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.

Dr. Muhammad Munir

This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.

The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.

Dr. Muhammad Munir

The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …

Intimacy And Economic Exchange, Jill Elaine Hasday

Jill Elaine Hasday

The current legal debate about the regulation of economic exchange between intimates mistakenly assumes that the law does not countenance such exchange to any notable extent. This assumption is so widely held that it unites otherwise disparate anticommodification and pro-market scholars. Both groups agree that the law maintains a strict boundary between economic exchange and intimacy, and disagree only on whether to applaud or criticize that boundary. Both overlook or underemphasize the degree to which the law already permits economic exchange within intimate relationships.

The current debate's focus on whether the law should enforce economic exchanges between intimates misses at …

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

This survey period saw major changes to domestic relations law. With the political changes in the state legislature came sweeping reforms to what seemed to be deeply entrenched laws. Although Georgia law presently requires appeals of all domestic relations cases occurring through the discretionary application process, the Georgia Supreme Court extended its 2003 pilot project into its third year, agreeing to accept all "non-frivolous" applications filed in divorce and alimony cases. As a result, those interested in domestic relations law have benefited from many more substantive decisions from the appellate courts on a variety of issues. Revisions to the Uniform …

The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

Part I of this article outlines the historical context and addresses the child's right to legal representation. Part II discusses the child's legal status by defining the specific legal interests, her procedural rights as a party to the litigation, the right to choose counsel, and the child's right to be involved as a participant. The penultimate Part analyzes the role of the child's counsel, including an outline of the relevant statutes, the diametrically opposed positions of state legislatures and the organized bar, and the hopelessly conflicting contemporary case law. The final Part addresses the fundamental deficiencies of the “best interests” …

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

Parent Perceptions Of Child Care Choice And Quality In Four States, Helen Raikes, Brian Wilcox, Carla Peterson, Susan Hegland, Jane Atwater, Jean Ann Summers, Kathy Thornburg, Jacqueline Scott, Wayne Mayfield, Julia C. Torquati, Carolyn P. Edwards

Center on Children, Families, and the Law (and related organizations): Publications

The purpose of the Year 2 Studies of the Midwest Child Care Research Consortium was to assess parent perceptions of child care choices and quality across four states. The states studied — Iowa, Kansas, Missouri, and Nebraska — comprise U.S. Department of Health and Human Services Region 7. The current study was conducted by asking 1,325 parents to complete a paper and pencil survey. The parents all had children receiving child care from providers who participated in an earlier telephone survey of 2,022 providers and in observations of 365 providers. Results from that study are reported elsewhere1. Providers in the …

The Custody Battle Over Cryogenically Preserved Embryos After Divorce: Advocating For Infertile Women’S Rights, Cori S. Annapolen

ExpressO

This paper focuses on the struggles that infertile women face to achieve motherhood because their rights are underrepresented in the American court system. It specifically centers on how the process of in vitro fertilization (IVF) helps infertile women conceive children, but then details the problems that increasing technology now causes for these women after they freeze embryos and then divorce. Because the courts of only four states have determined who gets custody of these embryos after a divorce, and because the divorce rate and the number of couples utilizing IVF are increasing, future states will likely be forced to answer …

Evaluating Marriage: Does Marriage Matter To The Nurturing Of Children?, Robin Fretwell Wilson

Faculty Scholarship

Three decades ago, it would have been inconceivable for people to discuss seriously the idea of withdrawing the legal and financial support society gives to marriage. In recent years, however, thinkers and policymakers have given more serious thought to the possibility of eliminating marriage as a category entitled to the State’s support. An important consideration in this debate is whether keeping or eliminating the State’s support of marriage matters to the well-being of children. A wealth of studies contemplating modern family forms now exists, many of which invariably stack newer family structures up against the more traditional nuclear family. Until …

Removing Violent Parents From The Home: A Test Case For The Public Health Approach, Robin Fretwell Wilson

Faculty Scholarship

Few decisions are as determinative of a child’s well-being and long-term success as the decision to remove a child from his or her own home following an allegation of abuse by a parent. Using the public health lens Professor Marsha Garrison develops elsewhere in this Issue, this Comment examines one of the most critical questions Child Protective Services agencies face thousands of times a day: whether to remove a child who is a possible victim of abuse or neglect from his or her home. This evidence-based approach shows that the choice to remove the child rather than the alleged offender …

Post-Crawford: Time To Liberalize The Substantive Admissibility Of A Testifying Witness's Prior Consistent Statements, Lynn Mclain

All Faculty Scholarship

The United States Supreme Court's 1995 decision in Tome v. United States has read Federal Rule of Evidence 801(d)(1)(B) to prevent the prosecution's offering a child abuse victim's prior consistent statements as substantive evidence. As a result of that decision, the statements will also be inadmissible even for the limited purpose of helping to evaluate the credibility of a child, if there is a serious risk that the out-of-court statements would be used on the issue of guilt or innocence.

Moreover, after the Court's March 2004 decision in Crawford v. Washington, which redesigned the landscape of Confrontation Clause analysis, other …

Two Mothers And Their Child: A Look At The Uncertain Status Of Nonbiological Lesbian Mothers Under Contemporary Law, Rachel E. Shoaf

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Harry Potter & The Law: Family Life And Moral Character, James C. Smith

Scholarly Works

Harry Potter's mistreatment by his Muggle family does not amount to a legal wrong. Notice that Dumbledore did not threaten the Dursleys with legal proceedings, either in Muggle or Wizard tribunals. The ethic of equitable treatment is societal and lacks a legal basis in Anglo-American family law. Family law has many facets; it is an amalgam of legal rules and principles. My focus is the lens of property law -- in particular, family property norms -- although it is also plain that the Dursleys have not violated non-property based family law norms.

Children In Adoptive Families: Overview And Update, Ruth-Arlene W. Howe J.D., Steven L. Nickman M.D., Alan A. Rosenfeld M.D., Paul Fine M.D., James C. Macintyre M.D., Daniel J. Pilowsky M.D., Andre Derdeyn M.D., Mayu Bonoan Gonzales M.D., Sally A. Sveda M.D.

Ruth-Arlene W. Howe

Objective To summarize the past 10 years of published research concerning the 2% of American children younger than 18 years old who are adoptees. Method Review recent literature on developmental influences, placement outcome, psychopathology, and treatment. Results Adoption carries developmental opportunities and risks. Many adoptees have remarkably good outcomes, but some subgroups have difficulties. Traditional infant, international, and transracial adoptions may complicate adoptees' identity formation. Those placed after infancy may have developmental delays, attachment disturbances, and posttraumatic stress disorder. Useful interventions include preventive counseling to foster attachment, postadoption supports, focused groups for parents and adoptees, and psychotherapy. Conclusions Variables specific …

Direito Da Família E Internet: - Infidelidade Virtual: Um Mito Ou Realidade Com Efeitos Jurídicos, Hugo Cunha Lança

Hugo Cunha Lança

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Same-Sex Marriages In New York: The Langan And Hernandez Decisions, Ann Xin Zhu

Buffalo Women's Law Journal

No abstract provided.

Phase Three Of New York State Domestic Violence Law: The Financial Aftermath, Jennifer Sarkees

Buffalo Women's Law Journal

No abstract provided.

Beyond Our Conception: A Look At Children Born Posthumously Through Reproductive Technology And New York Intestacy Law, Erica Howard-Potter

Buffalo Women's Law Journal

No abstract provided.

Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker

BYU Law Review

No abstract provided.

The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.

West Virginia Law Review

No abstract provided.

Marriage And The Betrayal Of Perez And Loving, Monte Neil Stewart, William C. Duncan

BYU Law Review

No abstract provided.

Confronting America's Ambivalence Towards Same-Sex Marriage: A Legal And Policy Perspective, Justin R. Pasfield

West Virginia Law Review

No abstract provided.

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

ExpressO

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.

Rhetorical Holy War: Polygamy, Homosexuality, And The Paradox Of Community And Autonomy, Gregory C. Pingree

ExpressO

The article explores the rhetorical strategies deployed in both legal and cultural narratives of Mormon polygamy in nineteenth-century America. It demonstrates how an understanding of that unique communal experience, and the narratives by which it was represented, informs the classic paradox of community and autonomy – the tension between the collective and the individual. The article concludes by using the Mormon polygamy analysis to illuminate a contemporary social situation that underscores the paradox of community and autonomy – homosexuality and the so-called culture wars over family values and the meaning of marriage.

Home As A Legal Concept, Benjamin Barros

ExpressO

This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …

Michigan Court Improvement Program Reassessment, Muskie School Of Public Service

Children, Youth, & Families

The Michigan Court Improvement Program was required to conduct a reassessment of its laws and performance and to adopt a strategic plan to further improve its handling of child protection cases. The Muskie School of Public Service, Cutler Institute for Child and Family Policy, and the American Bar Association’s Center for Children and the Law contracted with Michigan’s State Court Administrative Office to conduct the Reassessment. This report represents the results of the reassessment study.

Spruce Run News (Summer 2005), Spruce Run Staff

Maine Women's Publications - All

No abstract provided.

In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn

Indiana Law Journal

No abstract provided.

The Lessons Of People V. Moscat: Confronting Judicial Bias In Domestic Violence Cases Interpreting Crawford V. Washington, David Jaros

All Faculty Scholarship

Crawford v. Washington was a groundbreaking decision that radically redefined the scope of the Confrontation Clause. Nowhere has the impact of Crawford and the debate over its meaning been stronger than in the context of domestic violence prosecutions. The particular circumstances that surround domestic violence cases 911 calls that record cries for help and accusations, excited utterances made to responding police officers, and the persistent reluctance of complaining witnesses to cooperate with prosecutors -- combine to make the introduction of "out-of-comment statements" a critical component of many domestic violence prosecutions. Because domestic violence cases are subject to a unique set …